39By contrast, to the extent that the requirement laid down in Article 6 of Regulation No 6/2002 goes beyond that laid down in Article 5 of the regulation, a different overall impression on the informed user within the meaning of Article 6 can be based only on the existence of objective differences between the designs at issue. Those differences must therefore be sufficient to satisfy the requirement of novelty in Article 5 of Regulation No 6/2002, in accordance with what has been stated in paragraph 37 above. Consequently, as the Board of Appeal stated in paragraph 27 of the contested decision, the requirements of novelty and individual character overlap to some extent.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.